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Uttarakhand High Court · body

2015 DIGILAW 20 (UTT)

Chandra Kala Khanna v. State Of Uttarakhand

2015-01-08

ALOK SINGH

body2015
JUDGMENT : Alok Singh, J. 1. Mr. Kurban Ali, learned counsel for the petitioner submits that petitioner shall approach respondent No. 3 within a week to obtain statement of accounts pertaining to the loan taken by the petitioner and shall pay entire outstanding amount alongwith interest to the respondent No. 3 Bank in three monthly equal installments and first installment shall be paid on or before 10th February, 2015. Learned counsel further contends that since no recovery could be effected as yet by the Revenue Authority. therefore, petitioner should not be burdened with the recovery charges and State Authorities must return the recovery certificate to the Bank. On the other hand. Mr. Anil Bisht, learned counsel for respondent No. 3 Bank, submits that statement of accounts shall be provided to the petitioner on the visit of the petitioner to the Bank. He, however, submits that if petitioner makes any default in payment of any installment, Bank should be given liberty to proceed against the petitioner in accordance with law to recover the amount in one go. 2. Present petition thus stands disposed of with the direction that petitioner shall visit the Branch within a week from today to obtain the statement of accounts. On his visit, statement of accounts shall be provided to the petitioner by the Branch Manager. Petitioner shall pay entire outstanding amount in three equal monthly installments and first installment shall be paid on or before 10th February, 2015 and subsequent installments shall be paid on or before 10th day of each and every month. Since, no recovery could be effected by the Revenue Authority as yet, therefore, petitioner shall not be burdened with the recovery charges and respondent Nos. 1 and 2 are directed to return the recovery certificate to the Bank. 3. It is, however, clarified that if petitioner makes any default in payment of any of the installments, Bank shall be at liberty to move against the petitioner in accordance with law to recover the entire outstanding amount in one go. CLMA No. 180 of 2015 also stands disposed of accordingly.